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HomeMy WebLinkAbout750_Nunc Pro Tunc_Partially Closing Utility Easement _301 E 5th AveTulsa County Clerk - EARLENE WILSON 404723413 4/23/04 102 Receipt # Fee 15.00 000723413006 CITY OF OWASSO ORDINANCE NO. 750 Nunc Pro Tunc ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A PORTION OF THE E/2 OF THE NE/4 OF SECTION 31 TOWNSHIP 21 NORTH, RANGE 14 EAST, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, on April 15, 2003 Ordinance number 750 was passed closing to the public use a portion of a certain utility easement. The legal description on said ordinance was erroneous which in effect closed only a portion of the utility easement and not the full width of the utility easement. The correct legal description for Ordinance 750 is as follows: A 17.50' WIDE STRIP OF LAND THAT IS A PART OF THE E/2 OF THE NE/4 OF SECTION 31, T-21-N, R-14-E, INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: STARTING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE; THENCE DUE EAST ALONG SAID RIGHT-OF-WAY LINE FOR 17.50' TO THE "pOINT OF BEGINNING" OF SAID 17.50' WIDE STRIP OF LAND; THENCE DUE NORTH FOR 17.50'; TO A POINTON THE NORTHERLY LINE OF A 17.50' UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE EAST FOR 22.50' TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A CENTER ANGEL OF 35°45'54" AND A RADIUS OF 357.50' FOR 223.16' TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A CENTER ANGLE OF 36°25'45" AND A RADIUS OF 242.50 FOR 154.18', AND N 89°20'09" E FOR 24.41'; THENCE S 00°39'51" E FOR 17.50' TO A POINT OF CURVE; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A VENTRAL ANGEL OF 35°45'54" AND A RADIUS OF 340.00 FOR 212.23', AND DUE WEST FOR 22.50' TO THE "POINT OF BEGINNING" OF SAID 17.50' WIDE STRIP OF LAND. WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42 -110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. The following described utility easement, be, and the same is hereby closed to the public use, to -wit: STARTING AT E SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID THENCE SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE; THENCE DUE EAST ALONG SAID RIGHT-OF-WAY LINE FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID 17.50' WIDE STRIP OF LAND; THENCE DUE NORTH FOR 17.50' TO A POINT ON THE NORTHERLY LINE OF A 17.50; UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE EAST FOR 22.50' TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35°54'54" AND A RADIUS OF 357.50' FOR 223.16' TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A VENTRAL ANGLEOF 36°25'45" AND A RADIUS OF 242.50' FOR 154.18', AND N 89°20'09"E FOR 24.41'; THENCE S 00°39'51" E FOR 17.50' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVE NUE; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: S 89°20'09" W FOR 24.41' TO A PONT OF CURVE; THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT HAVING A VENTRAL ANGLE OF 36°25'45" AND A RADIUS OF 260.00' FOR 165.31' TO A POINT OF REVERSE CURVE AND NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°25'45" AND A RADIUS OF 340.00' FOR 212.23'; AND DUE WEST FOR 22.50' TO THE "pOINT OF BEGINNING" OF SAID 17.50' WIDE STRIP OF LAND. Section 2. The municipality shall retain the absolute night to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing by the owners thereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. WE S TO FORM: D. Cates, City Attorney Tulsa County Clerk - EARLENE WILSON Doc# 03075045 Pgs 2 B/P 7021/2434 -2435 Receipt # 657715 05/27/03 14:19:18 Fee 000657715013 CITY OF OWASSO ORDINANCE NO. 750 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A PORTION OF THE E/2 OF THE NE/4 OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: A 15.00 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE E/2 OF THE NE/4 OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 5TH AVENUE, THENCE DUE WEST ALONG SAID RIGHT-OF-WAY LINE FOR 17.50' TO THE POINT OF BEGINNING OF SAID15.00' TO A POINT ON THE NORTHERLY LINE OF A 17.50' UTLITY EASEMENT, THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE WEST FOR 22.50' TO A PONT OF CURVE, THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 35°45'54" AND A RADIUS OF 357.50' FOR 223.16' TO A PONT OF REVERSE CURVE, THENCE SOUTHESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°25'45" AND A RADIUS OF 242.50' FOR 154.18', AND N89°29'09"E FOR 24.41' TO A PONT OF CURVE, THENCE S00°39'51"E FOR 17.50' TO A PONT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE, THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: S89°20'09"W FOR 24.41' TO A PONT OF CURVE, THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGEL OF 36°25'45" AND A RADIUS OF 260.00' FOR 165.31' TO A PONT OF REVERSE CURVE AND NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°45'54" AND A RADIUS OF 340.00' FOR 212.23', AND DUE WEST FOR 22.50' TO THE POINT OF BEGINNING OF SAID 15.00' WIDE STRIP OF LAND. WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42 -110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and /or Oklahoma Natural Gas Company, and /or Southwestern Bell Telephone Company, and /or Cox Communications Company, and; WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITE' OF OWASSO, OKLAHOMA, THAT, Section 1. The following described utility easement, be, and the same is hereby closed to the public use, to -wit: BEGINNING AT THE SOUTHWEST CORNER OF THE E/2 FO THE NE/4 OF SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 ESAT, THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 FO THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE, THENCE DUE WEST ALONG SAID RIGHT-FO-WAY LINE FOR 17.50' TO THE PONT OF BEGINNING OF SAID 15.00' TO A PONT ON THE NORTHERLY LINE OF A 17.50' UTILITY EASEMENT, THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE WEST FOR 22.50' TO A POINT OF CURVE, THENCE SOUTHESTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35°45'54" AND A RADIUS OF 357.50' FOR 223.16' TO A PONT OF REVERSE CURVE, THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°25'45" AND A RADIUS OF 242.50' FOR 154.18', AND N89°29'09"E FOR 24.41' TO A PONT OF CURVE, THENCE S00°39'51"E FOR 17.50' TO A PONT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE, THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: S89°20'09"W FOR 24.41' TO A PONT OF CURVE, THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 36°25'45" AND A RADIUS OF 260.00' FOR 165.31' TO A PONT OF REVERSE CURVE AND NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36°45'54" AND A RADISU OF 340.00' FOR 212.23', AND DUE WEST FOR 22.50' TO THE PONT OF BEGINNING OF SAID 15.00' WIDE STRIP OF LAND. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing by the owners thereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED AS TO FORM: OFFICIAL Stephen P. Gray, City Attorney APPROVED AS TO CONTENT: Robert Moore, City Planner MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: EASEMENT CLOSURE — NATIONAL STEAK & POULTRY, INC. ORDINANCE #750 DATE: April 8, 2003 The City of Owasso has received a request from National Steak & Poultry, Inc., for the partial closure of the southern 17.5' utility easement for a part of the E/2 of the NEA of Section 31, Township 21 North, Range 14 East. The subject property is located approximately 600 feet west of the E. 5`h Ave, and U.S. Hwy 169 Service Road intersection, further described as 301 E. 5`h Ave. The applicant is requesting this closure to permit the expansion of the existing National Steak & Poultry facility. A general area map and complete legal description have been included with your packet. ANALYSIS: National Steak & Poultry, Inc., is requesting the closure of the southern 17.5' utility easement in an effort to expand the existing facility. This expansion, according to National Steak & Poultry estimates, would create an additional 30 to 50 new jobs in the City of Owasso. National Steak & Poultry has stated that the manner in which the request is shown on the attached plot plan is necessary based on the internal workings of this meat processing plant. The internal flow of the meat processing procedure requires that the addition be constructed in the proposed location, rather than the other vacant areas shown on the attached plot plan. City staff agrees. The City of Owasso Community Development Department and Public Works Department have had several opportunities to review the proposed addition. After those reviews, all interested departments have concluded that the benefits of such a proposal outweigh any of the potential negative impacts. City engineers have concluded that the only issue that needs to be addressed is the construction of a marked barricade located at the southeastern corner of the addition. The applicant has agreed and the construction of the barricade will coincide with the construction of the building addition. The City of Owasso Public Works Department has authorized the building expansion to come within 5 feet of the existing roadway. However, the applicant has submitted a proposal that would construct the addition within 12 feet of the existing roadway, And, with an existing right - of -way width of 80 feet, staff finds that any future roadway expansion on E. 5th Ave. could be accommodated without issue. Furthermore, the applicant has received Board of Adjustment approval for the encroachment into the minimum 50 foot building setback line on property zoned IL (Industrial Light District). The approval was received at the March 25, 2003 regular meeting. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposal at their March 26, 2003 regular meeting. At that meeting, the following comments were noted. 1. Community Development — The City of Owasso City Council must approve the easement closure. 2. Community Development — The applicant must provide an official copy of the easement vacation to the Community Development Department after District Court approval. 3. Public Works — The applicant must construct a collision barricade. The construction of the barricade must coincide with the construction of the building addition. PLANNING COMMISSION: The Owasso Planning Commission at the April 7, 2003 regularly scheduled meeting heard the request. The item was recommended for approval by a 4 — 0 vote, as Commissioner Williams was not in attendance. Ordinance #750, attached for your review, would allow the City Council to close the above - described utility easement. RECOMMENDATION: Staff recommends City Council approval of Ordinance #750, thus closing the southern 17.5' utility easement for a part of the E/2 of the NEA of Section 31, Township 21 North, Range 14 East, subject to the following conditions: 1. The applicant must provide an official copy of the easement vacation to the Community Development Department after District Court approval. 2. The applicant must construct a collision barricade. The construction of the barricade must coincide with the construction of the building addition. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report (w /o attachments). 3. Easement Closure Application. 4. Site Plan. 5. Ordinance 4750. GENERAL AREA MAP3 -15 -03 CITY OF OWASSO COMMUNITY DEVELOPMENT EASEMENT CLOSURE © DEPARTMENT NATIONAL STEAK PROCESSORS, INC. NORTH 111 North Ma n Hl aet PH: (918) 3761500 P.O. Hax 180 FAX; (918)3761597 TS MAP ISPOR INFORMATIONAL PURPOSES OM.Y AMI IS NOT INIETIDEOTOREPRE9E MACLURAME OWaSRO,Oi'4Z55 WWW.OIll'OPOWSSSO.COQI TRUE SCALE USE OE TMS MAP IS WITHOUT WARRANTY ORREPREiRNTAMONHYTNSOTYOFOWASSO COMMUMTY OfiVELOPMEM' OEPARTMFNI'OF I15 ACCORACY. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT EASEMENT CLOSURE (National Steak Processors) STAFF REPORT The City of Owasso has received a request from B. Kenneth Cox, applicant, on behalf of National Steak Processors, owner, for the partial closing of the southern 17.5' utility easement for a part of the E/2 of the NE /4 of Section 31, Township 21 North, Range 14 East. The subject property is located approximately 600 feet west of the E. 5a' Ave. and U.S. Hwy 169 Service Road intersection, further described as 301 E. 5's Ave. The applicant is requesting this closure to permit the expansion of the existing National Steak Processors facility. A general area map and complete legal description have been included with your packet. LOCATION See attached legal description. EXISTING LAND USE Industrial SURROUNDING LAND USE North: Residential — Multi- Family South: Industrial East: Vacant West: Industrial PRESENT ZONING IL (Industrial Light District) SURROUNDING ZONING North: RM -1 (Residential Multifamily Low Density District) South: IL (Industrial Light District) East: IL (Industrial Light District) West: IL (Industrial Light District) ANALYSIS The applicant is requesting to close a portion of the southern 17.5' utility easement for a part of the E/2 of the NEA of Section 31, Township 21 North, Range 14 East in an effort to permit the expansion of the existing National Steak Processors facility. The applicant has informed staff that the request is based solely on the internal workings of this meat processing plant. The internal flow of the meat processing procedure requires that the addition be constructed in the proposed location, rather than the other vacant areas shown on the attached plot plan. City staff agrees. The City of Owasso Community Development Department and Public Works Department have had several opportunities to review the proposed addition. And, after those reviews, all interested departments have concluded that the benefits of such a proposal outweigh any of the potential negative impacts. City engineers have concluded that the only issue that needs to be addressed is the construction of a marked barricade located at the southeastern corner of the addition. The applicant has agreed and the construction of the barricade will coincide with the construction of the building addition. The City of Owasso Public Works Department has authorized the building expansion to come within 5 feet of the existing roadway. However, the applicant has submitted a proposal that would construct the addition within 15 feet of the existing roadway. And, with an existing right -of -way width of 80 feet, staff finds that any future roadway expansion on E. 5a' Ave. could be accommodated without issue. Staff should point out that the addition to the existing site would provide several new employment opportunities in the City of Owasso. National Steak Processors, Inc. has concluded that a minimum of 35 with a potential for 50 new jobs will be created by this expansion. And, in this time of economic uncertainty staff feels that the manner in which the new jobs are created would most certainly outweigh any negative impact that the creation may have. National Steak Processors has received Board of Adjustment approval for the encroachment into the minimum 50 foot building setback line on property zoned IL (Industrial Light District). The approval was received at the March 25, 2003 regular meeting. If approved by the Planning Commission, this item does require City Council Action TECHNICAL ADVISORY COIVIlVIPI"TEE: The Owasso Technical Advisory Committee reviewed the proposal at their March 26, 2003 regular meeting. At that meeting, the following comments were noted. 1. Community Development — The City of Owasso City Council must approve the easement closure. 2. Community Development — The applicant must provide an official copy of the easement vacation to the Community Development Department after District Court approval. 3. Public Works — The applicant must construct a collision barricade. The construction of the barricade must coincide with the construction of the building addition. RECOMMENDATION Staff recommends approval of the request to close a portion of the southern 17.5' utility easement for a part of the E/2 of the NEA of Section 31, Township 21 North, Range 14 East, subject to the following conditions: Community Development — The City of Owasso City Council must approve the easement closure. 2. Community Development — The applicant must provide an official copy of the easement vacation to the Community Development Department after District Court approval. 3. Public Works — The applicant must construct a collision barricade. The construction of the barricade must coincide with the constriction of the building addition. ATTACHMENTS 1. General Area Map. 2. Easement Closure Application. 3. National Steak Processors Site Plan. HALL, ESTILL, fDADWICK, GABLE, GOLDEN & NELSON JAMES C T HARDWICK MARGARET A SWIMMER APROPESSIONAL CORPORATION TXOM1IAEU GABLE .MICHAELT KEEVER TIIDM1IAS F GOLDEN SUSAN L. GATES LAM W. SANDEL RONALD BAY. 1R ANDREW M, WOLOV RONALD d. WHITE FRANK M. HAGEDORN FRED M. BUXTON 320 SOUTH BOSTON AVENUE J PATRICK CNEMIIN STEVEN A. BROUSSARD SUITE 400 L KEVIN HAYES MICHAEL D. GRAVES STEVEN W. SOULE' MICHAELL NEMEC TULSA, OKLAHOMA JAMES D. SATROM JOSEPH D. PUNCHER 74SOJ RICHARD GROENENOYKG'JR. ANGELYNL DALE -j %OS GRAYOUN D. LUTHEY, JR. R MARK PETRICH DEL L GLSTAFSON PAMELA R GOLDBERG MARK K RLONGEWICZ MARK BANNER MICHAELD. COOKE ROBERT F DOUGHERTY TELEPHONE (918) 594.0400 KENNETH L HUNT B. KENNETH COX. IR. T. LINE WILSON BETSY G. JACKSON FACSIMILE (91$)594 -0505 DONALDL KAHL ROBERT FITE PATRICK D. KENYON WILLIANS, A SARAH JANE M[KINNEY THOMAS Y SCHROEDTEN JOHN F. HEIL III AMESM ROSZEK I HOES .N REED IA.VELAL ANDERSON PAMELA iNDEREDN III JENMFEKE MUSTAIN TFPHAS WCREEKMORE Yl'Y.PFIEN W RAY MARSHALLI WELLS OFCOUNSEL OKLAHOMA CITY, OKLAHOMA OFFICE WASHINGTON, O.C. OFFICE JOHNS ESTILLJR 100 NORTH BROADWAY 1130 30NISTREET.N.W WILLIAM W PRITCTARD BANK ONE CENTER SUITE 2400 SUITE 700. NORTH BUILDING DAVIDL. HILL RAYMOND B KELLY OKLAHOMA CITY. OK 73102 -8065 WASHINGTON,DC 10016 -5406 ALDREY P RASMLSSfi TELEPHONE (4051553- -2828 TEI.EPHONE(202) 9734200 CLIVE ASEYMOUR, FACSIMILE (405)555 -3855 FACSIMILE (202)973 -1113 March 3, 2003 Robert Moore City Planner City of Owasso I11 N. Main Owasso, ,OK 74055 Re: National Steak and Poultry Dear Mr_ Moore: ANTHONY; JORGENSON HEATHER L CUPP MONICA A. PLAKE KVLEO FREEMAN MONICA L MAPLE W OGRE CANADA MICHAELT LISSAU BONNIE N. HACKLER IANICE L GADDI9 KIMBERLY R SIEGLER KERIG WILUAMS JOHN T. TREBILCOCK MATTHEW T CROOK JOHN T. RICHER GENEVIEVE L SCHMOOK 09LAROMIA CITY. OKLAHOMA ROBERT D MELON 1. FRED GIST MICHAEL E. SMITH RALPH E SEALS. JR. ROBERT D LOONEY. JR. SHARON T. THOMAS MICHAEL I. MASSAO NORTHWEST ARKANSAS OFFICE ONE EAST CENTER STREET SUITE 515 FAYETTEVILLE. AR 72701 -5588 TELEPHONE (479) 475 -5200 FACSIMILE (479)973 -0520 DANIEL), GLOVER KENT A GILLILAND ION A EPSTEIN ELAINE R TURNER CHRISTIAN S. HOCKABY SUSANNAG VOEGELI 1. TOGO WOOLERY SARAH K. OBERNOORFEH WAMIINGTON O.G JOHN B RUDOLPH IOSEPH R. MEMORINO• DONALD R. DINAN• JOHN I. WDERMOTT• JAMES a WILCOX. JR CRAIG A. KOENIGS• SANDEEP S. KATHURIA• NOITIOVESTARKANSAS CUR 'n5 E HOGUE• ROBERT K. RHO.ADS• L JAMES . HARRIS' *NOT ADMITTED IN OKLAHOMA WALTER HALL 11127.198, FREDS NELSON11928 -I9171 B. Kenneth Cox, Jr. (918)594.0418 kco,x@hallestill.com We represent National Steak Processors, Inc. ("NSP"). On behalf of NSP, we hereby request that the City of Owasso close that portion of the right -of -way as is legally described on Exhibit "A" attached hereto. We further request that the City of Owasso close that portion of the Utility Easement which is legally described on Exhibit rB" attached hereto. The purpose of these closures is to permit the expansion of the existing facility of NSP in the City of Owasso as depicted on Exhibit "C" attached hereto. It is anticipated that this expansion will cost approximately $1,850,000 and will create approximately 35 newjobs in Owasso. Please let me know if you have any questions or comments Very truly yours, S1. B. Kenneth Cox, Jr. BKC:ase cc: Brenda Dietzfeld Larry Patterson EXHIBIT "B" Notes 1. THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE E/2 OF THE NE /4 OF SECTION 31, T -21 —N, R -14 —E HAVING AN ASSUMED BEARING OF DUE NORTH. 2. SEE ATTACHED PAGE 2 OF 2 FOR LEGAL DESCRIPTION. EXIMIT "A" SHEET 2 OF 2 EASEMENT VACATION A 15.00' WIDE STRIP OF LAND THAT IS A PART OF THE E/2 OF THE NE /4 OF SECTION 31, T -21 -N, R -14 -E, INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE /4 OF SAID SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE /4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF 5TH AVENUE; THENCE DUE WEST ALONG SAID RIGHT -OF -WAY LINE FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID 15.00' WIDE STRIP OF LAND; THENCE DUE NORTH FOR 15.00' TO A POINT ON THE NORTHERLY LINE OF A 17.50' UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE WEST FOR 22.50' TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 °45'54" AND A RADIUS OF 357.50' FOR 223.16' TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36 °25'45" AND A RADIUS OF 242.50' FOR 154.18', AND N 89 °29'09" E FOR 24.41'; THENCE S 00 °39'51" E FOR 17.50' TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF 5TH AVENUE; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: S 89 °20 "09" W FOR 24.41' TO A POINT OF CURVE; THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 36 025'45" AND A RADIUS OF 260.00' FOR 165.31' TO A POINT OF REVERSE CURVE AND NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 35 °45'54" AND A RADIUS OF 340.00' FOR 212.23', AND DUE WEST FOR 22.50' TO THE "POINT OF BEGINNING" OF SAID 15.00' WIDE STRIP OF LAND. NEWE (20) 2127 /03:JE:sky 2114.31 National Steak & Poultry-2 Esmt Lgls.doc BOARD OF ADJUSTMENT EXHIBIT NATIONAL STEAK AND POULTRY IN THE SECTION 31 T -21N, R -14 -E CITY OF OWASSO TULSA COUNTY OKLAHOMA